MARKHAM CONCEPTS, INC. v. HASBRO, INC.

No. 19-1927, No. 21-1957, No. 21-1958.

71 F.4th 80 (2023)

MARKHAM CONCEPTS, INC.; Lorraine Markham, individually and in her capacity as trustee of the Bill and Lorraine Markham Exemption Trust and the Lorraine Markham Family Trust; Susan Garretson, Plaintiffs, Appellants, v. HASBRO, INC.; Beatrice Pardo, in her capacity as successor co-trustee of the Reuben B. Klamer Living Trust; Paul Glass, in his capacity as successor co-trustee of the Reuben B. Klamer Living Trust; Dawn Linkletter Griffin; Sharon Linkletter; Michael Linkletter; Laura Linkletter Rich; Dennis Linkletter; Thomas Feiman, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Robert Miller, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Max Candiotty, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust, Defendants, Appellees, Ida Mae Atkins, Defendant. Markham Concepts, Inc.; Lorraine Markham, individually and in her capacity as trustee of the Bill and Lorraine Markham Exemption Trust and the Lorraine Markham Family Trust; Susan Garretson, Plaintiffs, Appellees, v. Hasbro, Inc., Defendant, Appellant. Beatrice Pardo, in her capacity as successor co-trustee of the Reuben B. Klamer Living Trust; Paul Glass, in his capacity as successor co-trustee of the Reuben B. Klamer Living Trust; Dawn Linkletter Griffin; Sharon Linkletter; Michael Linkletter; Laura Linkletter Rich; Dennis Linkletter; Thomas Feiman, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Robert Miller, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Max Candiotty, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Ida Mae Atkins, Defendants. Markham Concepts, Inc.; Lorraine Markham, individually and in her capacity as trustee of the Bill and Lorraine Markham Exemption Trust and the Lorraine Markham Family Trust; Susan Garretson, Plaintiffs, Appellees v. Beatrice Pardo, in her capacity as successor co-trustee of the Reuben B. Klamer Living Trust; Paul Glass, in his capacity as successor co-trustee of the Reuben B. Klamer Living Trust, Defendants, Appellants. Hasbro, Inc., Dawn Linkletter Griffin; Sharon Linkletter; Michael Linkletter; Laura Linkletter Rich; Dennis Linkletter; Thomas Feiman, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Robert Miller, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Max Candiotty, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Ida Mae Atkins, Defendants.

United States Court of Appeals, First Circuit.

June 22, 2023.


Attorney(s) appearing for the Case

Patricia L. Glaser , with whom Erica J. Van Loon , Joshua J. Pollack , Nixon Peabody LLP, Thomas P. Burke Jr. , and Glaser Weil Fink Howard Avchen & Shapiro LLP were on brief, for defendants-appellants Beatrice Pardo and Paul Glass.

Joshua C. Krumholz , with whom Courtney L. Batliner , Mark T. Goracke , Holland & Knight LLP, Patricia K. Rocha , and Adler Pollock & Sheehan PC were on brief, for defendant-appellant Hasbro, Inc.

David A. Cole , with whom John T. Moehringer and Cadwalader, Wickersham & Taft LLP were on brief, for plaintiffs-appellees.

Before Kayatta, Lipez, and Thompson, Circuit Judges.


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